New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 2100 - BEVERAGES AND BOTTLED WATER
Part He-P 2155 - NEW HAMPSHIRE SHELLFISH SANITATION RULES: ENFORCEMENT ACTIONS
Section He-P 2155.02 - Administrative Fines

Universal Citation: NH Admin Rules He-P 2155.02

Current through Register No. 40, October 3, 2024

(a) The department shall impose fines as follows:

(1) For providing false or misleading information on or with an application, in violation of He-P 2153.01(a), the fine shall be $1,000;

(2) For failure to operate only in the manner in which certified to do so, in violation of He-P 2153.02(h), the fine shall be $1,000;

(3) For failure to cooperate during an inspection of a shellfish plant, including but not limited to failing to allow department representatives or inspectors to inspect the premises, vehicles, and records at all times, in violation of He-P 2154.01, the fine shall be $2,000;

(4) For failure to notify the department by telephone within 24 hours of any fire or other incident that jeopardizes the safety or sanitation of shellfish, in violation of He-P 2155.06(a), the fine shall be $250;

(5) For failure to notify the department pursuant to He-P 2153.08(a) at least 30 days prior to a change in ownership, the fine shall be $500;

(6) For failure to notify the department pursuant to He-P 2153.10(a) at least 30 days prior to the change of location, the fine shall be $500;

(7) For failure to discard shellfish as required by RSA 146:20 and in the manner instructed to do so by the department, the fine shall be $1,000;

(8) For failure to cease operation upon notification by the department to do so, the fine shall be $1,000;

(9) For failure to cease operation after a certificate has expired, when an application has been denied, or when a certificate has been revoked, the fine shall be $1,000;

(10) For failure to maintain records in accordance with RSA 143:22, the fine shall be $1,000;

(11) For a violation of the same critical deficiency 2 times within any 12-month period, the fine shall be $1,000;

(12) For a violation of the same key deficiency 3 times within any 12-month period, the fine shall be $500;

(13) For failure to pay an administrative fine within 30 days of its imposition, or within 30 days of the decision to uphold the imposition of a fine that was appealed, the fine shall be $500;

(14) For failure to comply with any compliance schedule that has been accepted by the department, the fine shall be $500;

(15) For operation of a dealer without obtaining a certificate, as required by RSA 143:22, the fine shall be $1,000. Each day operating without a certificate shall be considered a separate offense subject to an additional $500 fine;

(16) For failure to submit a HACCP plan for review, in accordance with He-P 2153.12, the fine shall be $500;

(17) For failure to comply with a variance approved in accordance with He-P 2153.13, the fine shall be $500; and

(18) For failure to submit a timely renewal application, in violation of He-P 2153.03(b), the fine shall be $75.

(b) Except for violations of (a)(18) above, each day that a certificate holder continues to be in violation of the provisions of RSA 143:20-28 or He-P 2150-2159 shall constitute a separate violation and shall be fined in accordance with this section.

(1) Payment shall be made in the form of credit card, check, or money order payable to the "Treasurer, State of New Hampshire" in the exact amount due;

(2) Money order or certified check shall be required when an applicant or certificate holder has issued payment to the department by check, and such check was returned for insufficient funds; and

(3) Any payment made to the department by check which is returned for insufficient funds, and which an applicant or certificate holder has not made good by submitting money order or certified check within 2 business days of notification by the department, including any penalty assessment by RSA 6:11-a, shall be grounds for revocation or denial of the certificate.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.